Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Civil Procedure Code, 1908, Section 34 -- Pre-litigation interest - Interest prior to suit is a matter of substantive law and is outside the scope of S.34 CPC - Pre-litigation interest shall be adjudicated based on agreement between parties subject to application of S.23 of Contract Act and other provisions governing the field...........
Indian Penal Code, 1860, Section 302, 307 -- Murder of mother by son - Death sentence - FIR shows that there was some quarrel between condemned prisoner and deceased - Accused t not deliberately with pre-mediation committed the crime - Moreover, there is no criminal antecedent against accused - Even there is no report from Jail that he mis-conducted himself while being..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu widow - Hindu widow was found to be in exclusive settled legal possession of HUF property prior to and after the commencement of the Act as such the only conclusion which can be drawn is that she acquired property in lieu of her pre-existing right to maintenance from estate of HUF of her husband - She had held..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Criminal Procedure Code, 1973, Section 433, 433A, 432(7) -- Pre-mature release - To be considered in terms of policy where crime was committed and not the State where the trial was transferred and concluded...........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Deposit of entire sale consideration with additional 10% of the sale consideration, alongwith pre-emption application is a statutory and mandatory requirement and it is a pre-condition before any further enquiry as contemplated u/s 9 of the Act is held - Non compliance of said mandatory provision would..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Non-deposit of entire sale consideration with additional 10% of sale consideration - Pre-emptors contended that they did not deposit said amount because they bonafidely believed that sale consideration mentioned in sale deed is in favour of vendee who is an outsider, was higher than actual sale consideration..........
West Bengal Land Reforms Act, 1956, Section 8, 9 -- Pre-emption - Contention regarding non-deposit of entire sale consideration with additional 10% of sale consideration by pre-emptors, raised first time before Supreme Court and therefore same be not permitted to be raised now - Said contention would go to root of matter on maintainability of pre-emption application as..........
